Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,583
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days prior to the date on which cancellation or non-renewal
becomes effective if the insurance company cancels the work-
ers' compensation insurance coverage, does not renew the
workers' compensation insurance coverage on the anniversary
date, or cancels a binder before it issues a workers' compen-
sation insurance policy; by the insurance company, 10 days
prior to the date on which the cancellation becomes effective
if the insurance company cancels an employer's workers'
compensation insurance coverage in accordance with Labor
Code 406.008(a)(2); or by the insurance company within 10
days after receiving notice of the effective date of termination
from the covered employer because the employer switched
workers' compensation insurance carriers. This also sets out
when a cancellation or non-renewal of a workers' compensation
insurance policy by an insurance company will take effect.
This section also requires an insurance company, a certified
self-insurer, a workers' compensation self-insurance group un-
der Labor Code Chapter 407A, and a political subdivision to file
a notice with the division of their designated claim administra-
tion contact not later than the 10th day after the date on which
the coverage or claim administration agreement takes effect.
Finally, this section provides that an insurance company, certified
self-insurer, workers' compensation self-insurance group under
Labor Code Chapter 407A, and a political subdivision may elect
to have a servicing agent process and file all coverage informa-
tion, but the insurance company, certified self-insurer, workers'
compensation self-insurance group under Labor Code Chapter
407A, or political subdivision remains responsible for meeting all
filing requirements of this rule.
Section 110.7
Section 110.7 provides notice requirements to the Division for
self-insured political subdivisions electing to provide medical
benefits pursuant to Labor Code 504.053(b)(2). This section
adds a definition of a health plan and delineates the applicability
of this rule to self-insured political subdivisions electing to pro-
vide medical benefits pursuant to Labor Code 504.053(b)(2).
Additionally, the notice required under this rule must be filed in
writing or electronically, in the form and manner prescribed by
the Division, and include all the data elements listed in 110.7(c).
This section provides a compliance date of December 31,
2012 for political subdivisions that provide medical benefits in
accordance with Labor Code 504.053(b)(2) as of the section's
effective date. This section provides a compliance date of not
later than the 30th day after the date a political subdivision,
subject to this rule, begins to provide the medical benefits in
accordance with Labor Code 504.053(b)(2) after the effective
date of this section. Finally, this section requires a self-insured
political subdivision to notify the Division of any change in the
information required by this section not later than the 30th day
after the date of the change.
Section 110.101
Section 110.101 requires an employer, as defined by Labor Code
406.001, to provide to each employee written notice of workers'
compensation insurance coverage status. This notice must be
provided to an employee at the time of hire. This section also
requires an employer whose workers' compensation insurance
coverage is terminated or cancelled to provide each employee
with written notice of the coverage status not later than the 15th
day after the date on which the termination or cancellation takes
effect. An employer who obtains workers' compensation insur-
ance coverage shall provide each employee with written noticeof coverage status not later than the 15th day after the date on
which the coverage takes effect. This subsection prescribes the
content that must be in each notice.
Section 110.101 also requires employers to post notices in the
workplace to inform employees about the employer's workers'
compensation insurance coverage status. This section speci-
fies the locations within the workplace in which these notices
must be posted and when the notice must be posted. This sec-
tion also provides the specific text that must be in the posted
notice for employers insured through a commercial insurance
company, employers who self-insure, and employers who do not
have workers' compensation insurance coverage.
Section 110.103
Section 110.103 covers employer requirements for notifying the
Division of non-coverage. For notices of non-coverage submit-
ted before January 1, 2013, this section requires the notice to be
provided the earlier of the following: (1) 30 days after receiving
a Division request for the filing of a notice of non-coverage and
annually thereafter on the anniversary date of the original filing;
or (2) 30 days after hiring an employee who is subject to cov-
erage under the Act, and annually thereafter on the anniversary
date of the original filing. These notices must be filed in the form
and manner prescribed by the Division.
For notices of non-coverage required to be submitted on or after
January 1, 2013, this section requires a notice of non-coverage
to be filed annually between February 1st and not later than April
30th of each calendar year, covering a reporting period require-
ment from May 1st of the same year through April 30th of the
subsequent year. A notice of non-coverage shall also be pro-
vided not later than the 30th day after the date the non-subscriber
hired its first employee subject to the Act, unless this due date is
covered by the aforementioned annual notice requirement and
the employer submits the notice within that time period. Addi-
tionally, this section provides that a non-subscriber shall provide
notice of non-coverage not later than the 10th day after receipt
of a Division request for the information. This section provides
that these notices may be provided in writing or electronically
and lists the specific information required to be in the notice. Fi-
nally, this section requires employers to accurately file reports,
and this section also explains that a notice is considered filed
with the Division when the notice contains all the data elements
specified under subsection (b), and is received by the Division.
Section 110.105
Section 110.105 covers employer requirements for notifying the
Division of termination of coverage. This section provides that an
employer who terminates workers' compensation insurance cov-
erage shall file written notice of the termination with the Division
not later than the 10th day after the date on which the employer
notified the insurance carrier to terminate coverage. Additionally,
this notice may be filed by certified mail or electronically, on the
form prescribed by the Division, and shall contain all data ele-
ments listed in 110.105(b). This section provides termination of
coverage by an employer takes effect on the later of: (1) the 30th
day after the date of filing the notice with the Division under this
section; or (2) the cancellation date of the policy. This section
provides that coverage shall be extended until the date on which
the termination of coverage takes effect and the employer is ob-
ligated for premiums due for that period. Finally, notwithstand-
ing the other provisions of this section, if an employer switches
workers' compensation insurance carriers, the original policy is
considered canceled as of the date the new coverage takes ef-ADOPTED RULES July 27, 2012 37 TexReg 5583
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/63/: accessed March 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.